US Supreme Court Dismisses Torture Case Against the Palestinian Authority on Technicality
The US Supreme Court decided to dismiss a lawsuit brought on behalf of the family of a Palestinian-American murdered at the hands of Palestinian intelligence officers in Jericho in 1995. The Court ruled that the Torture Victim Protection Act, as it is currently drafted, did not allow the family to sue the Palestinian Authority and Palestine Liberation Organization. The Justices held that the use of the term “individual” in the law’s wording denoted that only private individuals, rather than corporations or organizations, could be targeted.
“We were sorry to hear this decision,” remarked Shurat HaDin’s director, Nitsana Darshan-Leitner. “This serves to remind us of the statute’s problematic nature and wording. It was crafted to target individuals, which is a challenge by itself, but does not allow suits against dictatorial regimes and terrorist groups, all of whom are responsible for the individual’s act. During all court hearings there was no denying that the father was tortured and murdered by the Palestinian Authority. The struggle will continue until justice is reached, even if this path failed on a technicality.”
The US Supreme Court only chooses to hear about 20 cases each year. A dozen human rights advocates joined Shurat HaDin’s appeal, including the UN Human Rights Commission, Senator Arlene Specter (who had originally sponsored the law), Stanford’s Supreme Court Clinic, The Center for Law & Accountability and others.
The Rahim family originally filed the lawsuit, alleging that the Palestinian Authority should pay compensation for the torture and murder of Azzam Rahim, an American businessman who had traveled to the West Bank. This claim was further substantiated by a US State Department report noting that three Palestinian security officers took part in the crime.
= new reply since forum marked as read
